Probation Violation Attorney in Naples, Florida
Get Your Life Back on Track with a Musca Law Attorney
Ultimately, the criminal justice system can be a very complex and confusing jungle to navigate, meaning that a criminal arrest can take a number of turns through Florida Law before a final decision is made. Once a person enters this system, he/she will go down additional avenues regarding the procedures for arrests, convictions, and releases. Out of these options, some culprits are granted probation, which is granted through the issue of adjudication. In part, the culprit will be granted probation as part of the punishment and/or offered on the terms of the offender’s release. No matter the case, the culprit must adhere to the terms laid out for probation or suffer harsh consequences.
Once you have been accused of violating your probation, you should strive to have the original probation order reinstated or (in the very least) remodified. To achieve this goal, you can turn to the high-quality services of a Florida probation violation lawyer from Musca Law.
For more information, call (239) 793-5297 to speak to a representative at our office in Naples, Florida.
Details about the Complex Probation System
For regular people, the prospect of being held subject to the consequences of a probation violation appears simple, but it is often a much different story to the culprit in question. Each person retains different terms of probation, tailored to the circumstances surrounding each criminal offense.
Probation may include:
- Completion of alcohol/drug treatment programs
- Professional requirements and/or limitations
- Additional terms set in place by the court
In many cases, due to the complexity and variety of requirements of probation, some people can easily violate these terms and not even realize they have done so. For example, if people are not informed about the specific terms of their probation agreements, these men and women are immediately put at risk of a violation of probation (VOP), which can carry severe consequences. In the worst-case scenario, officials may assume an offender violated the terms, when (in reality) he/she did no such thing. Without aggressive representation, that belief alone could be a strong catalyst for disciplinary action against the innocent offender.
What Are the Different Types of Probation?
Overall, probation is categorized in a variety of ways, depending on the qualities of the offender (e.g. age, mental health, drug problems) and/or the severity of the crime in question. Florida Statute Title XLVII Chapter 948.001 outlines different types of probation recognized by the State Law of Florida:
- Administration probation refers to a form of supervision that does not require any form of contact or reporting, in the event that offenders do not pose significantly deadly threats to the public. After completing half of their probation, the convicts will be sent to the Department of Corrections for a milder form of administration probation.
- Community control is a rigorous, controlled form of custody in a community setting (including legal surveillance over the holidays and weekends). Ultimately, this program is supervised and reviewed by administrative officers. In the procedure of community control, culprits are isolated to community or residential spaces that adhere to strict guidelines and sanctions.
- Drug offender probation is a form of rigorous supervision during which drug offenders are treated via rehab plans issued by the administrative officers (managing approximately 50 cases of more each).
- Mental health probation is a specific variety of probation combining general mental health treatment and mental health plans based on the individual needs of each convict. In these cases, the culprits will undergo strict treatment regimens related to different mental health issues and (in some cases) will receive prescription psychotropic substances to manage these symptoms (if needed).
- Sex offender probation (sex offender community control) is a type of supervision that may include different varieties of electronic monitoring, as well as the requirement of the offender to receive treatment and register as a sex offender. Supervisors for these sex offenders must ensure that each offender adheres to a treatment plan and participates in polygraph testing (and other forms of close monitoring), outlined in Florida Law.
What Are the Conditions for Probation in the State of Florida?
Florida Statute Title XLVII Chapter 948.03 dictates that the Florida State Courts will ultimately determine the terms and conditions of a probation term. Here are some more details about the conditions that offenders must meet to complete the conditions of probation:
- Reporting to a probation officer (as ordered by the court)
- Granting permission to the probation officer to visit the home or residence
- Completing work at an assigned location to the full extent of capabilities
- Staying at a designated area (determined by law)
- Not violating any other laws. (Offenders who do not adhere to this rule will not be required to appear in a Florida Court for a judge to determine probation violations or community control.)
- Repaying/restituting losses suffered by the victims of the crime, in an amount that will be set by members of the court
- Paying debts to medical/detention facilities (for convicts who were charged after July 1, 1994)
- Putting forth his/her best effort to support legal dependents
- Paying the debt owed to the state of Florida
- Payment of an application fee and additional costs (e.g. attorney fees)
- Avoidance of associations with people who take part in crimes
- Undergoing random testing as ordered by probation officers
Terms and Conditions for Probation and Community Control in Florida
Florida Statute Title XLVII Chapter 948.039 dictates that the Florida Courts may set special terms and conditions into place for convicts to complete as part of probation or community control. Overall, members of the court must develop and initiate terms that are relevant to the crime in question and appropriate to the individual needs of the criminal.
Here is a closer look at these special conditions:
- Routine attendance of a program for HIV and AIDS, if available in the county where the convict lives. These programs are roughly 2 to 4 hours in length.
- Paying a monthly fee of $1 to a nonprofit organization for rehabilitation activities during the entirety of probation or community control (supervised by the Department of Control)
What Happens When Convicts Successfully Complete Probation?
As dictated in Florida Statute Title XLVII Chapter 948.04(1), any defendants who have been convicted of committing a felony and have ultimately been placed on probation will be supervised for 2 years, unless members of the court specify a different span of time. However, offenders who are placed on probation or participate in community control will be intensely supervised for the period of the entire program in question.
Chapter 94804(2) dictates that any defendants who successfully complete their probation terms will no longer face charges for the offense they have committed. However, as instructed by the court, these individuals must fulfill all probation requirements before any of the charges can be dropped.
Likewise, Chapter 948.04(3) dictates that any person who successfully completes a probation or community control program without any issues of any sort will be permitted an early termination of his/her probation, recommended by the Department of Corrections.
Details about the Pretrial Intervention Process for Offenders
Florida Statute Title XLVII Chapter 948.08 dictates that the department will supervise each pretrial intervention procedure for people shared for crimes, prior to the filing of critical information or a return of an indictment (circuit court). Ultimate procedures will provide medical programs, mental health screenings, counseling sessions, educational programs, and resources that will assist people linked to probation or community control programs.
After a period of pretrial intervention, administrators may recommend the following options:
- The case should be channeled through normal pathways if the culprit has not met all qualifications and has unacceptably performed.
- The offender must be additionally supervised.
- If prosecution is unnecessary in this case, the court should dismiss any charges related to the case (without any prejudice).
After the pretrial period, court members must consider the validity of all these suggestions.
Consequences of Violations of Probation
Any person who has been suspected of violating the terms of his/her probation may be arrested without a warrant and brought before a Florida Court, which has the power to revoke, change, or reinstate this order. Ultimately, members of the court may also order the violator to be placed in a community control program (keeping with FS 948.06).
Procedures Accompanying the Violation of Probation
As dictated in Florida Statute Title XLVII Chapter 948.06(1a), if any official strongly believes a convicted offender has broken the terms of a probation or community control program, a member of Florida law enforcement who is fully aware of this convicted offender’s participation in any of these programs. Or a probation officer may ask members of a municipal law enforcement organization to take this offender into custody (without a need for a warrant).
Here are some important details concerning the procedures accompanying potential violations of probation:
- Chapter 948.06(1b): Any trial court judge (committing) has the legal right to issue a warrant for the arrest of the offender who did not meet the requirements of probation by means of an affidavit. In special cases, these judges may also issue notices if this offender has never committed qualifying offenses in Florida.
- Chapter 948.06(1c): If the judge can produce substantial evidence that the criminal has violated probation (as instigated by members of a Florida Court), officers may issue a warrant for the arrest of this person.
Here are some more details for hearings involving a crime concerning violations of probation, as dictated in Chapter 948.06(1-d, 1-3). Based on the outline in this statute, a court must perform the following activities:
- Informing the criminal who violated his/her probation of the situation
- Order (possibly) this individual to be taken before the court that originally set this probation
- Releasing the culprit without awaiting bail or committing this man/woman, depending on the severity of the crime in question
- Considering the severity of the crime (for determination of bail)
What Are Some Exceptions to Rules for Violating Probation?
Florida Statute Title XLVII Chapter 948.06(3) dictates that, under the circumstances that the court has revoked a criminal’s probation or participation in a community control program, these court members must not permit the culprit to receive any credit for any previously-completed terms of probation. Additionally, subsequent probation may not be allowed, as mixed with previous probation rulings.
Charges for Felony Offenders Who Have Violated Probation Terms
As dictated by Florida Statute Title XLVII Chapter 948.06(4), any offenders who have committed a felony in the state of Florida and who have been arrested for violating the set terms of probation or a community control program will automatically be forced to appear before the court that initially granted these programs.
If the criminal has been charged with a serious offense, is a registered sex offender/predator, or has been closely supervised, members of the court must ultimately determine if this person does not pose any sort of threat to public safety in any way.
No warrants shall be dismissed in any of these cases.
Charges for Sex Offenders and Predators Who Have Violated the Terms of Their Probation
Florida Statute Title XLVII Chapter 948.063 dictates that any person who has been listed as a sexual offender or sexual predator (due to the act of attempt to have sexual activity with a juvenile who is 15 years of age or younger and has been charged with violating his/her probation) will face an additional term of supervision after the probation or community service program has been revoked. For criminals who are under 18 years of age, the court will issue electronic monitoring as part of the sentence.
Get the Justice You Deserve Through Quality Representation
In many cases, offenders may not even be aware that they have broken the terms of their probation, but that does not mean that the court considers all probation violations as inconsequential infractions. To defend your rights and regain your freedom, you need to retain the services of a Florida attorney who is experienced with probation violation cases and can develop a strong strategy for combatting wrongful VOP charges. Get the help you deserve by contacting Musca Law today at (239) 793-5297 to schedule a free, no-obligation case consultation with one of our experienced attorneys.